1. By Chamber Summons application dated 16th December 2025, the intended defendant/applicant, Jaramogi Investments Limited through Kipkorir Cheruiyot, Chivai and Kigen Advocates LLP, is seeking the following principal orders;
a) THAT the court be pleased to grant leave to the applicant to be joined as a defendant.
b) THAT the court deems the Notice of appointment filed by the firm of Kipkorir Cheruiyot, Chivai & Kigen Advocates LLP as the Advocates representing the applicant as properly on record.
2. Briefly, it is asserted that the applicant/intended defendant is a necessary party for the court to conclusively pronounce itself on this suit. That the participation of the applicant who is the registered owner of the suit land reference number 6051 (Soba River) measuring approximately 502 acres in area, is valuable and cannot be dispensed with in these proceedings.
3. Mr Moses Rotich and Mr Cheruiyot Melly learned counsel for the plaintiffs and the defendant respectively, do not oppose the application.
4. It is established law that joinder should not be denied where it aids the court in arriving at a just determination and promotes access to justice in the matter; see Trusted Society of Human Rights Alliance-vs-Mumo Matemu & 5 others (2014) eKLR.
5. In the instant case, the joinder of the applicant in the terms sought would be necessary in reaching a just determination and enhance access to justice.
6. It is noteworthy that the plaintiffs/respondents and the defendant/respondent are in support of the application. Thus, the applicant be joined as the 2nd defendant in these proceedings.
7. Wherefore, the application dated 16th December 2025 is firm and merited, The same is hereby allowed in terms of prayers 1 and 2 therein as stated in paragraph 1 (a) and (b) hereinabove,
8. It is so ordered.
DATED and DELIVERED at KAPSABET this 17th day of DECEMBER 2025.
G M A ONGONDO
JUDGE
In the presence of;
Ms Faith Aketch learned counsel for the applicant/intended defendant
Mr Moses Rotich learned counsel for the plaintiffs/respondents
Mr Cheruiyot Melly learned counsel for the defendant/respondent
Walter Kipkorir, Court assistant